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53885
08-28 03:56 AM
If you are taking one day off, it is only one day. Work extra hours on the other four working days in the week.
My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.
My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.
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needhelp!
02-11 11:19 AM
Thank you zachs..
I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.
Dear friends,
Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.
I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.
Dear friends,
Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.
nefrateedi
07-19 12:05 PM
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.
Hope this helps answer your question.
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.
Hope this helps answer your question.
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anandrajesh
12-13 03:11 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Another one to add fuel to our burning fire. :(
It is not ethical to use Labor substitutions, but an effective way to bypass the long queue ahead of you.
all i want to say to you is, Beware of Desi Companies. Good Luck.
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Another one to add fuel to our burning fire. :(
It is not ethical to use Labor substitutions, but an effective way to bypass the long queue ahead of you.
all i want to say to you is, Beware of Desi Companies. Good Luck.
more...
rockstart
03-17 09:02 AM
What is supplimentry exam? Is it that you did some extra courses after finishing your requisite courses for Bachelors? or are you refering to clearing your backlog subjects ( subjects from previous semesters that you had not cleared?). Where did you get your degree India or US?
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adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
more...
dilvahabilyeha
07-02 05:07 PM
Medical: 200
Photos: 25
Lawer: 2500
Fees (if app accepted): 1450 (Fees later if not accepted now but later: 2500)
Travel + Certificates + photocopies: 150
Total: 2875+(1450 or 2500)
Photos: 25
Lawer: 2500
Fees (if app accepted): 1450 (Fees later if not accepted now but later: 2500)
Travel + Certificates + photocopies: 150
Total: 2875+(1450 or 2500)
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GCInThisLife
07-19 02:09 PM
Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.
dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
more...
x1050us
07-19 10:21 AM
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
Are you sure about this ? My understanding is, they don't recognize those doctors here and I remember seeing such note some where in the consulate website.
Are you sure about this ? My understanding is, they don't recognize those doctors here and I remember seeing such note some where in the consulate website.
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sixpockets
07-02 04:59 PM
Medical exam = $400
Birth certificate=$100
Cancelled trip to India = $600 (me + wife)
Postage = $200
Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
Mental harrasment = no formula to calculate
Impact on career = massive
Birth certificate=$100
Cancelled trip to India = $600 (me + wife)
Postage = $200
Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
Mental harrasment = no formula to calculate
Impact on career = massive
more...
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Nil
04-19 03:49 PM
Good job mmj.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
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prioritydate
07-26 11:43 AM
Buddy if you are looking for some sympathy for your situation....none from me. Dont blame me for my unnecessary post...I will not blame you for the unnecessary thread. We will call it even :). Just relax my friend.
Sharing my bookmark with you...may help with your situation.
http://www.thirdage.com/healthgate/files/78992.html
I am not expecting any sympathy from you. I am just sharing the common problem that people are facing with the horrendous situation. We all need empathy. Blaming and flaming at someone doesn't help. Since it is a platform for all immigrants who are facing a common problem with our green card, I am just sharing my feelings.
Sharing my bookmark with you...may help with your situation.
http://www.thirdage.com/healthgate/files/78992.html
I am not expecting any sympathy from you. I am just sharing the common problem that people are facing with the horrendous situation. We all need empathy. Blaming and flaming at someone doesn't help. Since it is a platform for all immigrants who are facing a common problem with our green card, I am just sharing my feelings.
more...
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sanju
12-18 10:24 AM
Sarcasm ? Or is he really our friend ? Bad at remembering names.
-M
That's ok, totally understand.
Sorry, I did not raise my arm to indicate that it was ALL sarcasm. Durbin is aginst H1B. Although his press release says that he is not against green cards, but thats just bull.
And if he is appointed Labor Secretary, that will be the last straw to break the camel's back.
.
-M
That's ok, totally understand.
Sorry, I did not raise my arm to indicate that it was ALL sarcasm. Durbin is aginst H1B. Although his press release says that he is not against green cards, but thats just bull.
And if he is appointed Labor Secretary, that will be the last straw to break the camel's back.
.
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naushit
12-12 01:15 PM
I understand they release new numbers every quarters ( Jan-Feb-March).
Since all those numbers are already used up. we should not expect any movement in Feb and March either.
Is this correct? I hope not.
Since all those numbers are already used up. we should not expect any movement in Feb and March either.
Is this correct? I hope not.
more...
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Tarang
06-13 12:38 PM
As per this logic, Prof Matloff is also paid in the same bracket as other university professors; so he is also ordinary because his pay ratio would be 1.0!!! At any place, your co-workers are doing same type of work, so will get same salary. Even in hedge funds, if an immigrant is paid very high salary, his colleagues are also paid the same high salary. Very ridiculous logic to use pay ratio.
Ask Mark that if pay ratio is 1.0, why are companies still hiring H1B people and get in to all these govt red tape, if they can easily get manpower at same cost without the need for H1?
And does he think that someone must have PhD to do useful innovations? How many of these great innovative companies are started by PhD? On the contrary, how many PhDs work for Microsoft who is started by college dropout?
Ask Mark that if pay ratio is 1.0, why are companies still hiring H1B people and get in to all these govt red tape, if they can easily get manpower at same cost without the need for H1?
And does he think that someone must have PhD to do useful innovations? How many of these great innovative companies are started by PhD? On the contrary, how many PhDs work for Microsoft who is started by college dropout?
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peacock
07-19 10:33 AM
Hi
You can skip skin test and just straight away get a Xray done.
Also if its not possible to come here before Aug 15th ,then it will be very useful if she carries her titre's of all the required immunisations from an uscis certified physician in India and shows it to the civil surgeon here. Talk to the civil surgeon in person here and check with him if he will be willing to accept lab results from India .
You can skip skin test and just straight away get a Xray done.
Also if its not possible to come here before Aug 15th ,then it will be very useful if she carries her titre's of all the required immunisations from an uscis certified physician in India and shows it to the civil surgeon here. Talk to the civil surgeon in person here and check with him if he will be willing to accept lab results from India .
more...
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speddi
05-05 02:56 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
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lazycis
12-18 11:02 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
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eb3retro
02-21 12:30 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
how about filling your profile first.????
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
how about filling your profile first.????
vrbest
11-21 08:16 AM
I am a consultant on H1B with EAD now. In my office (a major bank in US) I am 200% safe than the employees there.. they live like what you said (thinking when their job is at risk) and I am there in the job for last 3 years with a bright future.. I never blame the situatiuon I am in..
My view is " I have not born to live in A country or work for A company" I will always find my way out..
We bought a house recently and I know how many of my friends look at us and sigh a breath as they cannot do what they want for the fear of GC..
We are one happy family with our kids running around the house like they do in India...
just my thoughts.. not to meant to hurt anyone..
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
My view is " I have not born to live in A country or work for A company" I will always find my way out..
We bought a house recently and I know how many of my friends look at us and sigh a breath as they cannot do what they want for the fear of GC..
We are one happy family with our kids running around the house like they do in India...
just my thoughts.. not to meant to hurt anyone..
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
jonty_11
05-22 03:20 PM
more i want more of these options.....as logiclife said - THIS IS NOT A JOKE ....
Let explore any and all options here to become illegal and qualify for a Z VISA
Let explore any and all options here to become illegal and qualify for a Z VISA
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